Table of Contents
- Setting up and maintaining the affiliate website
- Affiliate Services and Duties
- Calculation of advertising revenue
- Rights of use
- Amendments to the agreement
- Warranty and liability
- Information on the Collection of Personal Data and Contact Details of the Controller
- Data Collection When You Visit Our Website
- Contacting Us
- Data Processing When Opening a Customer Account and for Contract Processing
- Use of Single Sign-on Procedures
- Processing of Data for the Purpose of Order Handling
- Rights of the Data Subject
- Duration of Storage of Personal Data
I. General Terms and Conditions
As an affiliate (Affiliate) you are at least 18 years of age, have full legal capacity and wish to participate in the affiliate programme of carat.art. You wish to earn advertising revenue from carat.art by successfully presenting advertisements on your website or social media channel. The following agreement contains conditions for participation in the affiliate programme of carat.art (LBC GmbH “carat.art”) and the establishment of links from an affiliate website to the website of carat.art.
1) Setting up and maintaining the affiliate website
The Affiliate shall not set up its website or social media channel in a way that creates a risk of confusion with the website or social media channel of carat.art or gives the impression that the Affiliate website/ social media channel is the carat.art website or social media channel or a part of this website or social media channel. The Affiliate may only use advertising materials (graphics and text) from carat.art that have been approved for the Affiliate programme. The graphic and text links may only be integrated on the website or social media channels whose address (URL) was provided by the affiliate when registering for the affiliate programme. The generation of cookies is only permitted if an advertising material is used, this is visible and the generation of the cookie is preceded by a conscious click by a user. The use of other materials is only permitted in agreement with carat.art (email@example.com).
2) Affiliate Services and Duties
2.1 The Affiliate is fully responsible for setting up, operating and maintaining the Affiliate Website or the Affiliate Social Media Channel and for all materials appearing on the Website or the Social Media Channel. This responsibility relates in particular to the technical operation of the site and the necessary technical systems. Furthermore, the Affiliate guarantees that the Affiliate Website or the Affiliate Social Media Channel is free of pornography, depictions of violence (sexual violence, killing of people or animals), discriminatory depictions of persons, insults, extremist, radical political or youth-endangering content, trivialisation or glorification of drugs and weapons and inappropriate use of language (sexualised language, coarse language, blasphemy, etc.) and does not link to other websites with such content.
2.2 The Affiliate is obliged to indemnify carat.art against any claims by third parties and costs in connection with the defence against claims by third parties, which are in connection with the set-up, operation or maintenance as well as the content of the Affiliate Page for which the Affiliate is responsible, unless it is a matter of claims based on the advertising material or product data provided by carat.art. The affiliate is also obliged to support carat.art in the defence against such claims by third parties by submitting declarations, in particular affidavits, as well as other information. The Affiliate shall refrain from all actions that impair the functionality of the software or the system (e.g. mail bombs, etc.) and shall be liable for all damages incurred by carat.art as a result of such actions for which the Affiliate is responsible.
2.3 The Affiliate operates its website or social media channel independently and is responsible for the content within the meaning of § 8 TDG (German Law). Any infringement of the programme rules by an affiliate registered for the carat.art affiliate programme may result in immediate exclusion from the carat.art affiliate programme without notice and the cancellation of all open sales. In addition, the right to take further legal steps, in particular the assertion of claims for damages, is expressly reserved.
3) Calculation of advertising revenue
3.1 For sales of carat.art products to end customers who call up the “carat.art” website immediately prior to purchase via an affiliate link (Last Cookie Wins), the affiliate shall receive pro rata advertising revenue in accordance with the current commission model. Only delivered, fully paid and non-returned orders, less VAT, less shipping costs and less any credit notes, shall be taken into account.
3.2 In the event of full and partial returns initiated by the customer within eight weeks of the conclusion of the purchase (sale), carat.art shall be entitled to reclaim the paid commission proportionately or in full. In the event of disputes between carat.art and the affiliate regarding the entitlement to commission (e.g. due to an unusually high cancellation rate or other irregularities), the period for reclaiming the commission may be extended until clarification, but no longer than 16 weeks.
4) Rights of use
4.1 The affiliate receives a non-exclusive, non-transferable right, revocable at any time, to access the carat.art website via links as agreed. Exclusively in connection with such links, the Affiliate also has the right to use the carat.art logo and other materials provided for the purpose of advertising the carat.art website. This right shall only apply for the purpose of establishing links between the Affiliate website and the website of carat.art, which enable users to purchase carat.art products. The Affiliate may not revise or modify the licensed materials in any way. A breach of the aforementioned agreements shall entitle carat.art to terminate the contract without notice.
4.2 The rights under clause 4.1 shall expire when a termination of this agreement becomes effective.
5.1 The Affiliate shall not book the terms “carat.art voucher(s)” – not even in conjunction with other words – with Internet search engines (e.g. Google, Yahoo, etc.), either as a result link or comparable links, or as a special booking outside the result links displayed with the Internet search engines (e.g. AdWords Select or Premium placements with Google).
5.2 Furthermore, forced clicks, paidmail (e.g. incentivised clicks and free offers), passive advertising media (e.g. pop-ups, pop-unders, layers), ad-ware and other systems which act in this direction are not permitted. The following advertising activities require the prior consent of carat.art: file sharing, offline sales activities and third-party networks (e.g. affiliate and layer networks, traffic brokers). The Affiliate must refer to these activities in his application for the Affiliate Programme and coordinate them in advance with carat.art.
5.3 Only vouchers may be advertised that have been expressly approved for advertising in the online channel of affiliate marketing (affiliate voucher). These are communicated via the usual communication media of the network (newsletter, voucher feed, etc.) Voucher codes from newsletter campaigns and offline measures (third-party vouchers) are generally not released. In the event of active promotion of “third-party vouchers”, commissions thus generated will be cancelled.
6) Amendments to the agreement
carat.art reserves the right to amend the provisions of this agreement at any time. The affiliate will be informed of the change by e-mail. Modifications may be made in particular with regard to remuneration and payment procedures. If a modification is not acceptable to the Affiliate, the Affiliate shall have the option to terminate the Agreement. Continued participation in the affiliate network, after the start of the period of validity of the modifications, shall be deemed acceptance of the modifications by the affiliate. carat.art will point out this legal consequence when notifying the change.
7) Warranty and liability
7.1 carat.art operates the “carat.art” website within the scope of its technical possibilities. carat.art gives no assurances or warranties with regard to the Affiliate Network, carat.art products and the error-free and uninterrupted usability of the carat.art website.
7.2 carat.art shall be liable for culpable damage in the event of a breach of major contractual obligations (cardinal obligations) or in the absence of warranted characteristics. In addition, carat.art shall only be liable – irrespective of the legal grounds – in accordance with the Product Liability Act or if the damage was caused by gross negligence or intent on the part of carat.art or its vicarious agents.
7.3 In the event of a slightly negligent breach of an essential contractual primary obligation, carat.art shall be liable at most up to the typically foreseeable damage that does not exceed the affiliate’s average monthly advertising revenue from this agreement.
8.1 This agreement shall be governed by German law. Karlsruhe is agreed as the exclusive place of jurisdiction. carat.art reserves the right to sue at the affiliate’s place of jurisdiction as well. This agreement is not transferable without the written consent of carat.art; carat.art is entitled to transfer its rights and obligations under this agreement to companies in which carat.art or one of its partners has a direct or indirect interest or to assign rights under this agreement to them. For the avoidance of doubts the German version of the Terms and Conditions of the Affiliate Program is applicable in the case of any dispute.
8.2 Should individual provisions of this agreement be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of the agreement. The same shall apply in the event that the agreement contains a loophole. In place of the invalid or unenforceable provisions or in order to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes as close as possible to what the contracting parties would have intended if they had considered this point when concluding the agreement.
8.3 Insofar as the written form is required for declarations under this agreement, it can only be replaced by electronic form within the meaning of § 126a BGB (German law).
II. Data Protection Declaration
1) Information on the Collection of Personal Data and Contact Details of the Controller
1.1 We are pleased that you are visiting our website and thank you for your interest. On the following pages, we inform you about the handling of your personal data when using our website. Personal data is all data with which you can be personally identified.
1.2 The controller in charge of data processing on this website, within the meaning of the General Data Protection Regulation (GDPR), is LBC GmbH, Hinter Lehen, 43, 71120 Grafenau, Deutschland, Tel.: 0049 7033 5438025, E-Mail: firstname.lastname@example.org. The controller in charge of the processing of personal data is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data.
1.3 This website uses SSL or TLS encryption for security reasons and to protect the transmission of personal data and other confidential content (e.g. orders or inquiries to the controller). You can recognize an encrypted connection by the character string https:// and the lock symbol in your browser line.
2) Data Collection When You Visit Our Website
When using our website for information only, i.e. if you do not register or otherwise provide us with information, we only collect data that your browser transmits to our server (so-called "server log files"). When you visit our website, we collect the following data that is technically necessary for us to display the website to you:
- Our visited website
- Date and time at the moment of access
- Amount of data sent in bytes
- Source/reference from which you came to the page
- Browser used
- Operating system used
- IP address used (if applicable: in anonymized form)
Data processing is carried out in accordance with Art. 6 (1) point f GDPR on the basis of our legitimate interest in improving the stability and functionality of our website. The data will not be passed on or used in any other way. However, we reserve the right to check the server log files subsequently, if there are any concrete indications of illegal use.
In order to make your visit to our website attractive and to enable the use of certain functions, we use so-called cookies on various pages. These are small text files that are stored on your end device. Some of the cookies we use are deleted after the end of the browser session, i.e. after closing your browser (so-called session cookies). Other cookies remain on your terminal and enable us or our partner companies (third-party cookies) to recognize your browser on your next visit (persistent cookies). If cookies are set, they collect and process specific user information such as browser and location data as well as IP address values according to individual requirements. Persistent cookies are automatically deleted after a specified period, which may vary depending on the cookie. You can check the duration of the respective cookie storage in the overview of the cookie settings of your web browser.
In some cases, cookies are used to simplify the ordering process by saving settings (e.g. remembering the content of a virtual shopping basket for a later visit to the website). If personal data are also processed by individual cookies set by us, the processing is carried out in accordance with Art. 6 (1) point b GDPR either for the execution of the contract or in accordance with Art. 6 (1) point f GDPR to safeguard our legitimate interests in the best possible functionality of the website and a customer-friendly and effective design of the page visit.
We work together with advertising partners who help us to make our website more interesting for you. For this purpose, cookies from partner companies are also stored on your hard drive when you visit our website (third-party cookies). You will be informed individually and separately about the use of such cookies and the scope of the information collected in each case within the following sections.
Please note that you can set your browser in such a way that you are informed about the setting of cookies and you can decide individually about their acceptance or exclude the acceptance of cookies for certain cases or generally. Each browser differs in the way it manages the cookie settings. This is described in the help menu of each browser, which explains how you can change your cookie settings. You will find these for the respective browsers under the following links:
– Internet Explorer: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies
– Firefox: https://www.mozilla.org/en-US/privacy/websites/#cookies
– Chrome: https://support.google.com/accounts/answer/61416?co=GENIE.Platform%3DDesktop&hl=en
– Safari: https://support.apple.com/en-gb/guide/safari/manage-cookies-and-website-data-sfri11471/mac
– Opera: https://help.opera.com/en/latest/web-preferences/#cookies
Please note that the functionality of our website may be limited if cookies are not accepted.
4) Contacting Us
When you contact us (e.g. via contact form or e-mail), personal data is collected. Which data is collected in the case of a contact form can be seen from the respective contact form. This data is stored and used exclusively for the purpose of responding to your request or for establishing contact and for the associated technical administration. The legal basis for processing data is our legitimate interest in responding to your request in accordance with Art. 6 (1) point f GDPR. If your contact is aimed at concluding a contract, the additional legal basis for the processing is Art. 6 (1) point b GDPR. Your data will be deleted after final processing of your enquiry; this is the case if it can be inferred from the circumstances that the facts in question have been finally clarified, provided there are no legal storage obligations to the contrary.
5) Data Processing When Opening a Customer Account and for Contract Processing
Pursuant to Art. 6 (1) point b GDPR, personal data will continue to be collected and processed if you provide it to us for the execution of a contract or when opening a customer account. Which data is collected can be seen from the respective input forms. It is possible to delete your customer account at any time. This can be done by sending a message to the above-mentioned address of the controller. We store and use the data provided by you for contract processing. After complete processing of the contract or deletion of your customer account, your data will be blocked in consideration of tax and commercial retention periods and deleted after expiry of these periods, unless you have expressly consented to further use of your data or a legally permitted further use of data has been reserved by our site, about which we will inform you accordingly below.
6) Use of Single Sign-on Procedures
6.1 On our website, you can create a customer account and/or register using the social plug-in "Facebook Connect", provided by the Facebook social network operated by Facebook Ireland Limited, 4 Grand Canal Quary, Square, Dublin 2, Ireland ("Facebook"), by means of so-called single sign-on technology, provided you have a Facebook profile. The "Facebook Connect" social plug-in on our website is identified by a blue button featuring the Facebook logo and the words, "Connect with Facebook" or "Log in with Facebook" or "Sign in with Facebook".
When you visit a page of our website that contains such a plug-in, your browser establishes a direct connection to the Facebook server. The content of the plug-in is transferred from Facebook directly to your browser and included on the page. As a result of this inclusion, Facebook is informed that your browser has accessed the corresponding page of our website, even if you do not have a Facebook profile or are not currently logged into Facebook. This information (including your IP address) is transmitted from your browser directly to a Facebook server in the US, where it is stored. These data processing processes are carried out in accordance with Art. 6 (1) point f GDPR, based on Facebook’s legitimate interest in the insertion of personalized advertising on the basis of surfing behavior.
Using this "Facebook Connect" button on our website allows you to log in and/or register on our website using your Facebook user data. Only if you give your express consent in accordance with Art. 6 (1) point a GDPR prior to the registration process on the basis of a corresponding notice about the exchange of data with Facebook, will we receive the publicly accessible information stored in your profile when using the "Facebook Connect" button from Facebook, depending on your personal Facebook privacy settings. This information includes your user ID, name, profile picture, age and gender. We would like to point out that following changes to Facebook’s privacy and usage policies, your profile pictures, your friends’ user IDs and your friends’ list may also be transmitted, if these are marked as "public" in your Facebook privacy settings. The data transmitted by Facebook is stored and processed by us to create a user account using the necessary data (title, first name, surname, address details, country, e-mail address, date of birth), if you have shared this information on Facebook. Conversely, data may be transmitted by us to your Facebook profile; this may include information about your browsing and/or purchasing behavior.
Once your consent has been given, it can be revoked at any time by sending a message to the controller named at the beginning of this declaration.
If you do not wish Facebook to assign the data collected via our website directly to your Facebook profile, you must log out of Facebook before visiting our website. You can also completely prevent the loading of Facebook plug-ins by using add-ons for your browser, e.g. "Adblock Plus" (https://adblockplus.org/en/).
6.2 If you have a Google profile, you can log in using the Single Sign-in technique for the purpose of creating a customer account or registering with the help of the social plugin "Google Sign-In" of the social network Google operated by Google Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 ESW5, Ireland ("Google"). The social plugins of "Google Sign-In" or "Register with Google" on our website can be recognized by a red button with the Google logo and the words "Google Sign-In" or "Register with Google" or "Sign in with Google" or "Sign in with G".
When you visit a page of our website that contains such a plugin, your browser establishes a direct connection to the Google servers. The content of the plugin is transmitted by Google directly to your browser and integrated into the page. This integration gives Google the information that your browser has accessed the corresponding page of our website, even if you do not have a Google profile or are not currently logged in to Google. This information (including your IP address) is transmitted directly from your browser to a Google server and stored there. This may also result in transmission to the servers of Google LLC. in the USA. These data processing processes are carried out in accordance with Art. 6 (1) point f GDPR based on Google’s legitimate interest in the insertion of personalized advertising on the basis of surfing behavior.
By using this Google button on our website, you also have the option of logging in or registering with your Google user data on our website. Only if you give your express consent pursuant to Art. 6 (1) point a GDPR prior to the registration process on the basis of a corresponding notice on the exchange of data with Google, will we receive the general and publicly accessible information stored in your profile when using the Google button of Google, depending on your personal data protection settings at Google. This information includes the user ID, name, profile picture, age and gender.
Once your consent has been given, it can be revoked at any time by sending a message to the controller named at the beginning of this declaration.
If you do not want Google to associate the data collected via our website directly with your Google profile, you must log out of Google before visiting our website. You can also completely prevent the loading of Google plugins with add-ons for your browser, e.g. with "Adblock Plus" (https://adblockplus.org/en/chrome).
7) Processing of Data for the Purpose of Order Handling
The personal data collected by us will be passed on to the transport company commissioned with the delivery within the scope of contract processing, insofar as this is necessary for the delivery of the goods. We will pass on your payment data to the commissioned credit institution within the framework of payment processing, if this is necessary for payment handling. If payment service providers are used, we explicitly inform you of this below. The legal basis for the transfer of data is Art. 6 (1) point b GDPR.
For payment processing we use BS PayOne GmbH for all payment methods, Lyoner Strasse 9, 60528 Frankfurt/Main, Germany(hereinafter: “PayOne”). . PayOne is therefore the recipient of your personal data collected in connection with the payment process. The legal basis for calling in PayOne is the execution of the contract in accordance with Art. 6 Par. 1 p. 1 lit. b) GDPR. Your data will only be passed on for the purpose of payment processing with the payment service provider PayOne and only insofar as it is necessary for this. We have no knowledge of the storage time at PayOne and have no influence on it. You can find PayOne’s current data protection regulations at: https://www.payone.com/datenschutz/
We offer payment via PayPal on our website. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”).
If you select payment via PayPal, the payment details you have entered are transmitted to PayPal. The basis of the transmission of your data to PayPal is Article 6(1), sentence 1(b) GDPR (Processing for the performance of a contract). We neither have any knowledge nor influence on the duration of the storage at PayPal.
7.3 Transfer of personal data during payment by credit card
Your personal data is transferred categorically only to the extent that it is necessary to implement the contract. Insofar as required for the payment transaction, we transfer the payment data that are necessary for this purpose to the credit institution assigned to handle your payment, or if appropriate, the service provider for payment and invoicing instructed by us.
The data is processed on the basis of Article 6(1), sentence 1(b) GDPR (Processing for the performance of a contract). The data required for processing the payment are securely transmitted via the “SSL” procedure and processed exclusively for handling the payment. We delete the data accrued in this connection, after the storage is no longer required, or we restrict the processing, if there are existing retention periods prescribed by law.
7.4 Transfer of personal data for the purpose of law enforcement/address enquiry/collection
If a legitimate interest exists in accordance with Article 6(1), sentence 1 (f) GDPR, in the case of non-payment, we reserve the right to disclose the data submitted at the time of the order / reservation to a solicitor and/or and external company (e.g. Verband der Vereine Creditreform e.V., Hellersbergstraße 12, D-41460 Neuss), for the purpose of address enquiry and/or law enforcement.
We also pass on your data, if appropriate, if this is necessary to exercise our rights as well as the rights of companies associated with us, our cooperation partners, our employees and/or the users of our website. We do not under any circumstances sell or lease your data to third parties. The transfer of this data is made on the basis of Article 6(1), sentence 1 (f) GDPR.
We delete the data accrued in this connection, after the storage is no longer required, or we restrict the processing, if there are existing retention periods prescribed by law.
You have the option at any time to object to the processing of your data. This applies if the processing in particular is not necessary for the performance of a contract with you, which we will explain in each case during the preceding description of the functions. If your objection is justified, we review the situation and either stop data processing tor make adjustments thereto, or we demonstrate our compelling legitimate grounds upon which we continue to process the data.
7.5 SOFORT by Klarna
If you select the payment method “SOFORT” during your reservation/order, we transfer the data you have provided to us to Sofort GmbH (Theresienhöhe 12, 80339 München, Germany; Web: https://www.sofort.de/; hereinafter “SOFORT”) for the processing of the payment.
“SOFORT” is a direct transfer procedure, where a transfer can be prepared as early as during the order process and carried out in real time. For this purpose, you are redirected to the website of the payment service provider SOFORT.
The legal basis for the processing is Article 6(1), sentence 1 (b) GDPR. We neither have any knowledge nor influence on the duration of the storage at SOFORT. Further information on the collection and processing of your data by “SOFORT” is available at https://www.sofort.de/datenschutz.html.
We offer payment via Giropay on our website. Provider on this payment service is Giropay GmbH, An der Welle 4, 60322 Frankfurt/Main, Germany (hereinafter: “Giropay”).
If you select payment via Giropay, the payment details you have entered are transmitted to Giropay. The basis of the transmission of your data to Giropay is Article 6(1), sentence 1(b) GDPR (Processing for the performance of a contract). We neither have any knowledge nor influence on the duration of the storage at Giropay.
We offer payment via Paydirekt on our website. Provider on this payment service is Paydirekt GmbH, Hamburger Allee 26-28, 60486 Frankfurt am Main, Germany (hereinafter: “Paydirekt”).
If you select payment via Paydirekt, the payment details you have entered are transmitted to Paydirekt. The basis of the transmission of your data to paydirekt is Article 6(1), sentence 1(b) GDPR (Processing for the performance of a contract). We neither have any knowledge nor influence on the duration of the storage at Paydirekt.
We use SendinBlue to send system emails. The provider is SendinBlue SAS, 55, rue d’Amsterdam, 75008 Paris, France. SendinBlue is a service that organizes and analyzes the sending of transactional emails. The data you enter in (e.g. email address) during the order process in our online store are stored on SendinBlue’s servers.
Our emails sent with SendinBlue allow us to analyze the behavior of the recipients. This may include analyzing how many recipients opened the messages, whether the message ended up in the spam folder, and how often which link in the email was clicked.
The data processing is based on your consent. You can revoke this consent at any time by cancelling the subscription. The legality of the data processing operations already carried out remains unaffected by the revocation.
For more details, please refer to the data protection provisions of SendinBlue at: https://sendinblue.com/legal/privacypolicy/
7.9 Affiliate WP
The controller has integrated components of AffiliateWP on this website. AffiliateWP is an affiliate plugin that enables affiliate marketing in connection with WordPress and the store plugin WooCommerce. Affiliate marketing is an Internet-based form of distribution that allows commercial operators of websites, the so-called merchants or advertisers, to display advertising, which is usually remunerated via click or sale commissions, on websites of third parties, i.e. sales partners, also called affiliates or publishers, and/or make them measurable.
The operating company of the AffiliateWP plugin is Sandhills Development, LLC, Hutchinson, Kansas, USA.
AffiliateWP sets a cookie on the information technology system of the data subject. What cookies are has already been explained above. AffiliateWP’s tracking cookie does not store any personal data. Only the identification number of the affiliate, i.e. the partner referring the potential customer, as well as the order number of the visitor to a website and the advertising material clicked on are stored. The purpose of storing this data is to process commission payments between a merchant and the affiliate, which are processed via the provider, i.e. EoK GmbH.
The data subject can prevent the setting of cookies by our website, as already described above, at any time by means of an appropriate setting of the Internet browser used and thus permanently object to the setting of cookies. Such a setting of the Internet browser used would also prevent AffiliateWP from setting a cookie on the information technology system of the data subject. In addition, cookies already set by AffiliateWP can be deleted at any time via an Internet browser or other software programs.
AffiliateWP’s applicable policies and information can be found at https://affiliatewp.com/. No data is stored by the operating company.
8) Rights of the Data Subject
8.1 The applicable data protection law grants you the following comprehensive rights of data subjects (rights of information and intervention) vis-à-vis the data controller with regard to the processing of your personal data:
– Right of access by the data subject pursuant to Art. 15 GDPR: You shall have the right to receive the following information: The personal data processed by us; the purposes of the processing; the categories of processed personal data; the recipients or categories of recipients to whom the personal data have been or will be disclosed; the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing personal data concerning the data subject or to object to such processing; the right to lodge a complaint with a supervisory authority; where the personal are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling and at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject; the appropriate safeguards pursuant to Article 46 when personal data is transferred to a third country.
– Right to rectification pursuant to Art. 16 GDPR: You have the right to obtain from the controller without undue delay the rectification of inaccurate personal data concerning you and/or the right to have incomplete personal data completed which are stored by us.
– Right to erasure (“right to be forgotten”) pursuant to Art. 17 GDPR: You have the right to obtain from the controller the erasure of personal data concerning you if the conditions of Art. 17 (2) GDPR are fulfilled. However, this right will not apply for exercising the freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims.
– Right to restriction of processing pursuant to Art. 18 GDPR: You have the right to obtain from the controller restriction of processing your personal data for the following reasons: As long as the accuracy of your personal data contested by you will be verified. If you oppose the erasure of your personal data because of unlawful processing and you request the restriction of their use instead. If you require the personal data for the establishment, exercise or defense of legal claims, once we no longer need those data for the purposes of the processing. If you have objected to processing on grounds relating to your personal situation pending the verification whether our legitimate grounds override your grounds.
– Right to be informed pursuant to Art. 19 GDPR: If you have asserted the right of rectification, erasure or restriction of processing against the controller, he is obliged to communicate to each recipient to whom the personal date has been disclosed any rectification or erasure of personal data or restriction of processing, unless this proves impossible or involves disproportionate effort. You have the right to be informed about those recipients.
– Right to data portability pursuant to Art. 20 GDPR: You shall have the right to receive the personal data concerning you, which you have provided to us, in a structured, commonly used and machine-readable format or to require that those data be transmitted to another controller, where technically feasible.
– Right to withdraw a given consent pursuant to Art. 7 (3) GDPR: You have the right to withdraw your consent for the processing of personal data at any time with effect for the future. In the event of withdrawal, we will immediately erase the data concerned, unless further processing can be based on a legal basis for processing without consent. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal.
– Right to lodge a complaint pursuant to Art. 77 GDPR: Without prejudice to any other administrative or judicial remedy, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence, place of work or place of the alleged infringement if you consider that the processing of personal data relating to you infringes the GDPR.
8.2 RIGHT TO OBJECT
IF, WITHIN THE FRAMEWORK OF A CONSIDERATION OF INTERESTS, WE PROCESS YOUR PERSONAL DATA ON THE BASIS OF OUR PREDOMINANT LEGITIMATE INTEREST, YOU HAVE THE RIGHT AT ANY TIME TO OBJECT TO THIS PROCESSING WITH EFFECT FOR THE FUTURE ON THE GROUNDS THAT ARISE FROM YOUR PARTICULAR SITUATION.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED. HOWEVER, WE RESERVE THE RIGHT TO FURTHER PROCESSING IF WE CAN PROVE COMPELLING REASONS WORTHY OF PROTECTION FOR PROCESSING WHICH OUTWEIGH YOUR INTERESTS, FUNDAMENTAL RIGHTS AND FREEDOMS, OR IF THE PROCESSING SERVES TO ASSERT, EXERCISE OR DEFEND LEGAL CLAIMS.
IF WE PROCESS YOUR PERSONAL DATA FOR DIRECT MARKETING PURPOSES, YOU HAVE THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF YOUR PERSONAL DATA WHICH ARE USED FOR DIRECT MARKETING PURPOSES. YOU MAY EXERCISE THE OBJECTION AS DESCRIBED ABOVE.
IF YOU EXERCISE YOUR RIGHT TO OBJECT, WE WILL STOP PROCESSING THE DATA CONCERNED FOR DIRECT ADVERTISING PURPOSES.
9) Duration of Storage of Personal Data
The duration of the storage of personal data is based on the respective legal basis, the purpose of processing and – if relevant – on the respective legal retention period (e.g. commercial and tax retention periods).
If personal data is processed on the basis of an express consent pursuant to Art. 6 (1) point a GDPR, this data is stored until the data subject revokes his consent.
If there are legal storage periods for data that is processed within the framework of legal or similar obligations on the basis of Art. 6 (1) point b GDPR, this data will be routinely deleted after expiry of the storage periods if it is no longer necessary for the fulfillment of the contract or the initiation of the contract and/or if we no longer have a justified interest in further storage.
When processing personal data on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection in accordance with Art. 21 (1) GDPR, unless we can provide compelling grounds for processing worthy of protection which outweigh the interests, rights and freedoms of the data subject, or the processing serves to assert, exercise or defend legal claims.
If personal data is processed for the purpose of direct marketing on the basis of Art. 6 (1) point f GDPR, this data is stored until the data subject exercises his right of objection pursuant to Art. 21 (2) GDPR.
Unless otherwise stated in the information contained in this declaration on specific processing situations, stored personal data will be deleted if it is no longer necessary for the purposes for which it was collected or otherwise processed.